Keele

Plaintiff sued under section 3412 of the Civil Code to have a deed which had been recorded through inadvertence and mistake delivered to her and canceled. Plaintiff had judgment' and the defendants appeal upon typewritten transcripts.

The complaint alleged the execution of a written contract by plaintiff and defendants for the sale of certain real property which in express terms provided for the delivery of a deed and certificate of title when the terms of the contract were fully complied with by the defendants. It alleged that at the time of entering into said contract and as a part of the same transaction plaintiff executed a deed for the purpose of conveying to defendants a clear title to the property involved when the terms of the contract had been met, and that “by inadvertence and mistake, and without the knowledge or consent of this plaintiff, and without delivery thereof, said instrument . . . was placed on record . .. . that said instrument was . . . and now is void and of no effect.” A demurrer to the complaint was overruled and the defendants answered, denying the execution of the contract and alleging that the deed was duly and regularly recorded.

The code section…